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Resolution 10134 - 2025/07/14 (need agreement signed)
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Resolution 10134 - 2025/07/14 (need agreement signed)
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7/15/2025 12:25:53 PM
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7/15/2025 12:25:30 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Resolutions
MEETINGDATE
7/14/2025
Commission Doc Number (Ord & Res)
10134
Description
Malmgren Property Sale
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of the Buyer. The Buyer shall take possession of the Property on the day of execution and <br />delivery of the deed therefor. <br />1.6. Assignment of Option. Buyer shall have the right, at its sole discretion, to assign <br />this option to a third party for no additional consideration. <br />1.7. Preliminary Development. After execution of this Option Agreement, Buyer shall <br />have the right to enter upon the Property for the purpose of taking soil tests and borings, making <br />surveys and maps and performing investigative work, including environmental testing and <br />assessment, as Buyer may deem necessary; provided, however, Buyer shall indemnify and hold <br />Seller harmless from any mechanic's liens or claims arising out of such preliminary development <br />work by Buyer. Buyer may assign this right to a third party or parties at its sole discretion. <br />1.8. Development of Property. Seller shall, both before and after the date of closing, <br />but without expense to Seller, cooperate and join with Buyer in any and all actions, petitions and <br />documents which are usual and necessary to accomplish the development of the Property <br />consistent with Buyer's purposes and to plat the same for such purposes, all at the sole expense <br />of the Buyer. <br />1.9. Examination of Title. Within 20 days after the date on which the Buyer exercises <br />the Option, Seller shall deliver to the Buyer existing abstracts for the Property. Buyer shall <br />obtain any desired title work from a title company acceptable to the Buyer. The Buyer shall have <br />thirty (30) days from the date of its receipt of the such updated abstract or title work to review <br />the state of title to the Property and to provide Seller with a list of written objections to such title. <br />Upon receipt of the Buyer's list of written objections, Seller shall proceed in good faith and with <br />all due diligence to attempt to cure the objections made by the Buyer. In the event that the Seller <br />has failed to cure objections within twenty (20) days after its receipt of the Buyer's list of such <br />objections, the Buyer may (i) by the giving of written notice to Seller terminate this Option <br />Agreement and this Option Agreement shall be null and void and neither party shall have any <br />liability hereunder, or (ii) waive such objection and proceed pursuant to this Agreement. The <br />Buyer shall have the right, but not the obligation, to purchase title insurance at the Buyer's sole <br />cost. Seller will take no actions nor permit any liens to encumber title to the Property between <br />the date on which the Buyer exercises the Option and the date on which the Property is delivered <br />to the Buyer. <br />Notwithstanding any other provision of this Option Agreement, Seller shall at all times be <br />responsible to pay special assessments, if any, while the Seller is in possession of the Property. <br />Section 2. Documents. The following documents shall be in approved form, be <br />executed by the Seller either before or at Closing and be delivered by Seller at Closing: <br />2.1. Warranty Deed. Warranty Deed for good, marketable, insurable, and indefeasible <br />title, duly executed in recordable form from Seller to the Buyer conveying the Property, subject only <br />to the following Permitted Exceptions: <br />1) building and zoning laws, ordinances, state and federal regulations; <br />2 <br />DOCSOPEN\MU2 1 0\329\1036056.v2-7/9/25 <br />
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